Who pays for flood damage: Landlord vs Tenant

(Toledo News Now) -
Many residents in and around the Toledo area are dealing with flood damage after Saturday's historic rainfall.

So what happens if you're renting? Several viewers reached out to WTOL, asking who is liable - the landlord or the tenant?

Local attorney Jeremy Levy says the landlord is responsible for structural damage, but liability for personal property generally falls on the tenant, unless there is an issue that led to the flooding the landlord should have known about.

"The perfect example... If you're renting an apartment, if there's a leaking window, or you're renting a single family home and there's a leaking roof and you've notified the landlord and he hasn't done anything to fix it, that is a case where the landlord could be responsible for the damage,” Levy said.

Renters insurance usually won't cover property lost to flooding, unless it's caused by a sewer or storm water backup and you must pay for that coverage separately.

Maybe you weren't affected by this most recent round of storms, but Levy says it's still a good idea to take a look at your policy - check the language and talk to your agent so you know what is covered and there's no surprises down the line. And keep those valuables off the basement floor.

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